Case Details

Citation(s)
2022 SLG 1559 2022 SLD 1559 2022 PLJ 317
Lahore High Court
W.P. No. 63559 of 2020, heard on 23.11.2021.
MRS. AYESHA A. MALIK, J.
Mr. Muhammad Younus and Mr. Zahir Abbas, Advocates for Petitioner. Mr. Akhtar Javed, Additional Advocate General for
Respondents. Mr. Sadaqat Mehmood Butt and Mr. Farrukh Ilyas Cheema, Advocates for
Respondent No. 4.

BEACON HOUSE SCHOOL SYSTEM

VS

COMMISSIONER GUJRANWALA DIVISION, GUJRANWALA etc.

Law: Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984

Section: 9,12(c)

Words and Phrases-- ----Institution--Word, institution means a privately managed college or school as notified by the Government.  Punjab Private Educational Institutions (Promote and Regulation) Ordinance, 1984-- ----S. 9--Cancellation of Registration-- registration can be cancelled if there is a contravention under the Ordinance, which essentially is with respect to payment of fee. Punjab Private Educational Institutions (Promote and Regulation) Ordinance, 1984-- ----S. 12(c)--Instructions and directions--Section 12C of Ordinance provides directions and instructions that registering authority may give from time to time to accomplish objectives of Ordinance, which is section Respondent No. 3 has relied upon. Punjab Private Educational Institutions (Promote and Regulation) Ordinance, 1984-- ----Ss. 9 ,  12(c)--Expulsion from school for disciplinary reasons Bad behavior--Receiving of complaints--Basic objective of ordinance--Authorization of authority--Issuance of notification--There is nothing contained in Ordinance, which authorizes authority to regulate disciplinary issues with respect to students of private educational institution--Ordinance is limited in its application and cannot be used as a way to interfere in management and administration of a private educational institution--Record shows that several complaints were filed against Respondent No. 4 by teachers and other students with respect to his bad behaviour and abusive language and fact that he has not shown any regard for school rules-- Ordinance in this case does not authorize Respondent No. 3 to interfere in disciplinary matters and contention that this objective falls under Section 12C is totally without basis--It is also noted that notification dated 10.05.2019 issued by Special Secretary School Education Department in terms of direction given by august Supreme Court of Pakistan is also not relevant because it is related to payment of fee being charged by private educational institution and nothing more--Petition accepted.  JUDGMENT Through this petition, the Petitioner Beacon House School System (“BHSS”) has impugned order dated 23.11.2020 passed by Respondent No. 3, District…
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